(1) The election of any candidate to any office may be contested on any of the following grounds:
That the candidate elected is not eligible to hold the office for which elected;
That illegal votes were received or legal votes rejected at the polls in sufficient numbers to change the result of the election;
That an election judge or canvass board has made an error in counting or declaringthe result of an election that changed the result of the election;
That an election judge, canvass board, or member of a canvass board has committedmalconduct, fraud, or corruption that changed the result of the election; or
That, for any reason, another candidate was legally elected to the office.
For the purpose of this part 2, if the election or nomination of either the governor orlieutenant governor is found to be invalid for any reason, the finding shall not in any way be construed to invalidate the election or nomination of the other joint candidate.
The result of any election to determine a ballot issue or ballot question may be contested on any of the following grounds:
That illegal votes were received or legal votes were rejected at the polls in sufficientnumbers to change the result of the election;
That an election judge or canvass board has made an error in counting or declaringthe result of an election that changed the result of the election; or
That an election judge, canvass board, or member of a canvass board has committedmisconduct, fraud, or corruption that changed the result of the election.
(4) In addition to the grounds set forth in subsection (3) of this section, the result of any election to determine a ballot issue that includes approval of the creation of any debt or other financial obligation may be contested if the notice required by section 1-7-908 is not provided in accordance with that section or contains any material misstatement of the information required to be set forth in the notice.
Source: L. 92: Entire article R&RE, p. 785, § 14, effective January 1, 1993. L. 94: (3) added, p. 1175, § 62, effective July 1. L. 99: (1)(c), (1)(d), (3)(b), and (3)(c) amended, p. 490, § 19, effective July 1. L. 2003: (4) added, p. 749, § 2, effective August 6.
Editor's note: This section is similar to former § 1-11-201 as it existed prior to 1992.
Cross references: For contests for county and nonpartisan officers, ballot issues, and ballot questions, see § 1-11-212; for contested elections, see C.R.C.P. 100.